Florida Senate - 2012                                    SB 1898
       
       
       
       By Senator Gibson
       
       
       
       
       1-01036-12                                            20121898__
    1                        A bill to be entitled                      
    2         An act relating to claims against the state; amending
    3         s. 11.065, F.S.; allowing certain claims based on a
    4         rendered judgment against the state to be presented to
    5         the Legislature after the 4-year limitation if a party
    6         provides a basis for equitable estoppel or evidence of
    7         manifest injustice; authorizing an equitable claim for
    8         relief which is not based on an existing judgment to
    9         be considered after the 4-year limitation at the
   10         discretion of the President of the Senate or the
   11         Speaker of the House of Representatives; requiring
   12         that an equitable claim for relief for which a basis
   13         for equitable estoppel is provided or evidence of
   14         manifest injustice is presented be considered after
   15         the 4-year limitation; prohibiting ex parte
   16         communications between the respondent and a sponsor or
   17         introducer of a claim for relief until after the claim
   18         is considered by the first committee of reference;
   19         providing a penalty and fine for a violation;
   20         providing criteria for further claims for relief;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 11.065, Florida Statutes, is amended to
   26  read:
   27         11.065 Claims against state; limitations; notice.—
   28         (1) A claim No claims against the state based on a rendered
   29  judgment of less than or exceeding the prescribed amount as
   30  provided in s. 768.28 may not shall be presented to the
   31  Legislature more than 4 years after the cause for relief
   32  accrued. Any claim presented after this time of limitation is
   33  shall be void and unenforceable unless the party provides a
   34  basis for equitable estoppel or evidence of manifest injustice.
   35         (2) An equitable claim for relief which is not based on an
   36  existing judgment may, at the discretion of the President of the
   37  Senate or the Speaker of the House of Representatives, be
   38  considered after the 4-year limitation. If, however, the party
   39  provides a basis for equitable estoppel or evidence of manifest
   40  injustice after the 4-year limitation, such claim must be
   41  considered. Ex parte communication between a respondent and a
   42  sponsor or introducer of a claim for equitable relief is
   43  prohibited until after the claim is considered by the first
   44  committee of reference. A respondent who, in violation of this
   45  subsection, communicates with a sponsor or introducer before a
   46  claim has been considered by the first committee of reference
   47  commits a misdemeanor of the second degree, punishable as
   48  provided in s. 775.082 or s. 775.083, and by a fine not to
   49  exceed $500.
   50         (3)(2) All relief acts of the Legislature shall be for
   51  payment in full. Once a claim is enacted, No further claims for
   52  relief relating to the same cause of action may not shall be
   53  submitted to the Legislature unless authorized by the President
   54  of the Senate, the Speaker of the House of Representatives, or
   55  the Governor in the future.
   56         (4)(3) Notice shall be given as provided in s. 11.02 before
   57  prior to the introduction of any relief act that which provides
   58  for the payment of the claim from funds scheduled for
   59  distribution to a municipality from the revenue-sharing trust
   60  fund for municipalities.
   61         Section 2. This act shall take effect July 1, 2012.